Gov. Gen. Mary Simon's appointment did not violate official languages act, commissioner rules
Privy Council Office took 'positive measures' during nomination process, report says
The Commissioner of Official Languages has ruled that the nomination process of Gov. Gen. Mary Simon did not violate federal legislation concerning bilingualism.
The report by commissioner Raymond Théberge investigated only the role of the Privy Council Office (PCO) in the nomination.
Simon is Inuk and was educated in a federal day school in the Nunavik region, where she was not given the opportunity to learn French as a child. She was installed as Canada's Governor General on July 26, 2021, and is the first Indigenous person to hold the position.
"The investigation found that PCO took positive measures in the process to recommend candidates to the Prime Minister for the position of Governor General," the report reads. "These measures demonstrate the federal government's compliance with its commitment to recognize and promote the status and use of French."
Trudeau, Simon not subject to Languages Act: report
Théberge notes in the report that Simon and Prime Minister Justin Trudeau are not subject to the Official Languages Act and were therefore outside the scope of his investigation.
The Governor General and prime minister are not considered federal institutions under law, which means they are not bound by acts of Parliament such as the Official Languages Act.
While the PCO is tasked with an advisory role during the governor general appointment process, the prime minister can ultimately recommend any candidate to the Queen for approval.
"Consequently, I cannot conclude that PCO is responsible for the prime minister's final decision as to the choice of governor general. In other words, PCO did not cause the harm alleged by the complainants through its acts or omissions," Théberge wrote.
Théberge's office received complaints from 1,345 people after Simon's nomination.
Simon, who is bilingual in English and Inuktitut, has promised to learn French while on the job and has spoken the language occasionally since assuming her role as Governor General.